Restoration requires preparation

In the past week or so, I have dealt with two NMC restoration applications. Both of them involved findings of dishonesty. My record with such applications, across several regulators such as the NMC, GMC and HCPC is almost impeccable, even if I say so myself!

With proper preparation, the only way these applications will fail is if the applicant fluffs it when they give evidence. Or so I thought.

Last week, an application failed because the applicant’s character witness put their foot in it, by saying things in their oral evidence that didn’t accord with what the applicant had said. As you can imagine, this was highly damaging.

We might have been able to manage this set back, but there was another flaw in the case that sunk us. I usually prepare restoration applications from start to finish, but in this case the applicant had sought help from another representative to prepare the case, and came to me to do the hearing advocacy. Mistake. I’d spotted a hole in the preparation but it was too late to fill it in before the hearing, and sure enough, the panel found it. Combined with the other issue, it meant a refused application and another long wait, this time 12 months, until the applicant can make a further application.

This week, I had the second application. As usual, I had done the preparation and as usual, my client was successfully restored to the register. They’ve left a lovely testimonial for me here (April 2024).

Moral of the story - either I shouldn’t do restoration hearings unless I’ve done the prep, or clients should not use other representatives to prepare their cases!